By: Romero, Jr., Springer, Frullo H.B. No. 912         (Senate Sponsor - Taylor of Collin)          (In the Senate - Received from the House May 3, 2017;   May 17, 2017, read first time and referred to Committee on   Transportation; May 22, 2017, reported favorably by the following   vote:  Yeas 6, Nays 1; May 22, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the licensing and regulation of providers of driver and   traffic safety education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 1001.055(a), (a-1), and (a-2),   Education Code, are amended to read as follows:          (a)  The department shall provide to each licensed or exempt   driver education school and to each parent-taught course provider   approved under this chapter driver education certificates or   certificate numbers to enable the school or approved parent-taught   course provider to [print and] issue department-approved driver   education certificates to certify completion of an approved driver   education course and satisfy the requirements of Sections   521.204(a)(2), Transportation Code, 521.1601, Transportation Code,   as added by Chapter 1253 (H.B. 339), Acts of the 81st Legislature,   Regular Session, 2009, and 521.1601, Transportation Code, as added   by Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular   Session, 2009.          (a-1)  A certificate [printed and] issued by a driver   education school or parent-taught course provider approved under   this chapter must:                (1)  be in a form required by the department; and                (2)  include an identifying certificate number   provided by the department that may be used to verify the   authenticity of the certificate with the driver education school or   approved parent-taught course provider.          (a-2)  A driver education school or parent-taught course   provider approved under this chapter that purchases driver   education certificate numbers shall issue [provide for the printing   and issuance of] original and duplicate certificates in a manner   that, to the greatest extent possible, prevents the unauthorized   production or the misuse of the certificates. The driver education   school or approved parent-taught course provider shall   electronically submit to the department in the manner established   by the department data identified by the department relating to   issuance of department-approved driver education certificates with   the certificate numbers.          SECTION 2.  Sections 1001.056(b), (c-1), and (g), Education   Code, are amended to read as follows:          (b)  The department shall provide each licensed course   provider with course completion certificate numbers to enable the   provider to [print and] issue department-approved uniform   certificates of course completion.          (c-1)  A course provider shall provide for the [printing and]   issuance of original and duplicate certificates in a manner that,   to the greatest extent possible, prevents the unauthorized   production or the misuse of the certificates.          (g)  A course provider shall issue a duplicate certificate by   United States mail or commercial or electronic delivery.  The   commission by rule shall determine the amount of the fee for   issuance of a duplicate certificate under this subsection.          SECTION 3.  Section 1001.112, Education Code, is amended by   amending Subsection (a) and adding Subsections (a-1) and (e) to   read as follows:          (a)  The commission by rule shall provide for approval of a   driver education course conducted by the following persons with the   noted relationship to [the parent, stepparent, foster parent, legal   guardian, grandparent, or step-grandparent of] a person who is   required to complete a driver education course to obtain a Class C   license:                (1)  a parent, stepparent, foster parent, legal   guardian, grandparent, or step-grandparent; or                (2)  an individual who:                      (A)  has been designated by a parent, a legal   guardian, or a judge of a court with jurisdiction over the person on   a form prescribed by the department;                      (B)  is at least 25 years of age or older;                      (C)  does not charge a fee for conducting the   course;                      (D)  has at least seven years of driving   experience; and                      (E)  otherwise qualifies to conduct a course under   Subsection (a-1).          (a-1)  The rules must provide that the student driver spend a   minimum number of hours in classroom and behind-the-wheel   instruction and that the person conducting the course:                (1)  possess a valid license for the preceding three   years that has not been suspended, revoked, or forfeited in the past   three years for an offense that involves the operation of a motor   vehicle;                (2)  has not been convicted of:                      (A)  criminally negligent homicide; or                      (B)  driving while intoxicated in the past seven   years; and                (3)  [is not disabled because of mental illness; and                [(4)]  does not have six or more points assigned to the   person's driver's license under Subchapter B, Chapter 708,   Transportation Code, at the time the person begins conducting the   course.          (e)  The department may not charge a fee for the submission   of proof of completion of the course or passage of an examination   under Subsection (c).          SECTION 4.  Section 1001.202(b), Education Code, is amended   to read as follows:          (b)  A driving safety school may use multiple classroom   locations to teach a driving safety course if each location[:                [(1)]  is approved by the [parent school and the]   department[;                [(2)  has the same name as the parent school; and                [(3)  has the same ownership as the parent school].          SECTION 5.  Section 1001.204(b), Education Code, is amended   to read as follows:          (b)  The department shall approve an application for a driver   education school license if the application is submitted on a form   approved by the executive director, includes the fee, and on   inspection of the premises of the school, it is determined that the   school:                (1)  has courses, curricula, and instruction of a   quality, content, and length that reasonably and adequately achieve   the stated objective for which the courses, curricula, and   instruction are offered;                (2)  has adequate space, equipment, instructional   material, and instructors to provide training of good quality in   the classroom and behind the wheel;                (3)  has instructors who have adequate educational   qualifications and experience;                (4)  provides to each student before enrollment:                      (A)  a copy of:                            (i)  the refund policy;                            (ii)  the schedule of tuition, fees, and   other charges; and                            (iii)  the regulations relating to absence,   grading policy, and rules of operation and conduct; and                      (B)  the department's name, mailing address,   telephone number, and Internet website address for the purpose of   directing complaints to the department;                (5)  maintains adequate records as prescribed by the   department to show attendance and progress or grades and enforces   satisfactory standards relating to attendance, progress, and   conduct;                (6)  on completion of training, issues each student a   certificate indicating the course name and satisfactory   completion;                (7)  complies with all county, municipal, state, and   federal regulations, including fire, building, and sanitation   codes and assumed name registration;                (8)  is financially sound and capable of fulfilling its   commitments for training;                (9)  [has owners and instructors who are of good   reputation and character;                [(10)]  maintains and publishes as part of its student   enrollment contract the proper policy for the refund of the unused   portion of tuition, fees, and other charges if a student fails to   take the course or withdraws or is discontinued from the school at   any time before completion;                (10) [(11)]  does not use erroneous or misleading   advertising, either by actual statement, omission, or intimation,   as determined by the department;                (11) [(12)]  does not use a name similar to the name of   another existing school or tax-supported educational institution   in this state, unless specifically approved in writing by the   executive director;                (12) [(13)]  submits to the department for approval the   applicable course hour lengths and curriculum content for each   course offered by the school;                (13) [(14)]  does not owe an administrative penalty for   a violation of this chapter; and                (14) [(15)]  meets any additional criteria required by   the department.          SECTION 6.  Section 1001.205(b), Education Code, is amended   to read as follows:          (b)  The department shall approve an application for a   driving safety school license if the application is submitted on a   form approved by the executive director, includes the fee, and on   inspection of the premises of the school, the department determines   that the school:                (1)  has driving safety courses, curricula, and   instruction of a quality, content, and length that reasonably and   adequately achieve the stated objective for which the course,   curricula, and instruction are developed by the course provider;                (2)  has adequate space, equipment, instructional   material, and instructors to provide training of good quality;                (3)  has instructors who have adequate educational   qualifications and experience;                (4)  maintains adequate records as prescribed by the   department to show attendance and progress or grades and enforces   satisfactory standards relating to attendance, progress, and   conduct;                (5)  complies with all county, municipal, state, and   federal laws, including fire, building, and sanitation codes and   assumed name registration;                (6)  [has owners and instructors who are of good   reputation and character;                [(7)]  does not use erroneous or misleading   advertising, either by actual statement, omission, or intimation,   as determined by the department;                (7) [(8)]  does not use a name similar to the name of   another existing school or tax-supported educational establishment   in this state, unless specifically approved in writing by the   executive director;                (8) [(9)]  maintains and uses the approved contract and   policies developed by the course provider;                (9) [(10)]  does not owe an administrative penalty for   a violation of this chapter;                (10) [(11)]  will not provide a driving safety course   to a person for less than $25; and                (11) [(12)]  meets additional criteria required by the   department.          SECTION 7.  Section 1001.206(b), Education Code, is amended   to read as follows:          (b)  The department shall approve an application for a course   provider license if the application is submitted on a form approved   by the executive director, includes the fee, and on inspection of   the premises of the school the department determines that:                (1)  the course provider has an approved course that at   least one licensed driving safety school is willing to offer;                (2)  the course provider has adequate educational   qualifications and experience;                (3)  the course provider will:                      (A)  develop and provide to each driving safety   school that offers the approved course a copy of:                            (i)  the refund policy; and                            (ii)  the regulations relating to absence,   grading policy, and rules of operation and conduct; and                      (B)  provide to the driving safety school the   department's name, mailing address, telephone number, and Internet   website address for the purpose of directing complaints to the   department;                (4)  a copy of the information provided to each driving   safety school under Subdivision (3) will be provided to each   student by the school before enrollment;                (5)  not later than the 15th working day after the date   a person successfully completes the course, the course provider   will issue and deliver to the person by United States mail or   commercial or electronic delivery a uniform certificate of course   completion indicating the course name and successful completion;                (6)  the course provider maintains adequate records as   prescribed by the department to show attendance and progress or   grades and enforces satisfactory standards relating to attendance,   progress, and conduct;                (7)  the course provider complies with all county,   municipal, state, and federal laws, including assumed name   registration and other applicable requirements;                (8)  the course provider is financially sound and   capable of fulfilling its commitments for training;                (9)  [the course provider is of good reputation and   character;                [(10)]  the course provider maintains and publishes as   a part of its student enrollment contract the proper policy for the   refund of the unused portion of tuition, fees, and other charges if   a student fails to take the course or withdraws or is discontinued   from the school at any time before completion;                (10) [(11)]  the course provider does not use erroneous   or misleading advertising, either by actual statement, omission, or   intimation, as determined by the department;                (11) [(12)]  the course provider does not use a name   similar to the name of another existing school or tax-supported   educational institution in this state, unless specifically   approved in writing by the executive director;                (12) [(13)]  the course provider does not owe an   administrative penalty for a violation of this chapter; and                (13) [(14)]  the course provider meets additional   criteria required by the department.          SECTION 8.  Section 1001.209(a), Education Code, is amended   to read as follows:          (a)  Before a license [course provider] may be issued to a   course provider [a license], the course provider must provide a   corporate surety bond in the amount of $10,000 [$25,000].          SECTION 9.  Section 1001.304(a), Education Code, is amended   to read as follows:          (a)  An application to renew a driver education instructor or   driving safety instructor license must include evidence of   completion of continuing education [and be postmarked at least 30   days before the expiration date of the license].          SECTION 10.  Section 1001.351(a), Education Code, is amended   to read as follows:          (a)  Not later than the 15th working day after the course   completion date, a course provider or a person at the course   provider's facilities shall issue and deliver by United States mail   or commercial or electronic delivery a uniform certificate of   course completion to a person who successfully completes an   approved driving safety course.          SECTION 11.  Section 521.205(a), Transportation Code, as   amended by Chapter 567 (H.B. 2708), Acts of the 84th Legislature,   Regular Session, 2015, is repealed.          SECTION 12.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2017.     * * * * *